Attachment A <br />Eugene Planning Commission <br />December 11, 2013 <br />Page 3 <br />There is no challenge to the exaction findings themselves in this case. That would be an <br />argument that an applicant would typically make to fight the City's ability to require that it <br />dedicate land.to the public. The gist of Appellant's Tenth Assignment of Error, is that the <br />exaction findings (referenced above) demonstrate that neither Oakleigh Lane nor the bik&/ped <br />path will be safe unless they are improved, and unless Oakleigh Lane is improved all the way to <br />the east end of the subject property. The Hearings Official concludes that the exaction findings <br />cannot be read to say that the existing roadway is not safe, Decision at.27, and concludes that the <br />existing paved surface provides safe passage of vehicles. Decision at 26. That finding is based <br />on evidence in the PW Referral Comments. Regarding the need for Oakleigh Lane to be <br />immediately improved, Public Works staff stated: <br />"With the excepti6n of street lights, Oakleigh Lane has an approximate 19 foot wide <br />paved surface, but has not been improved to city standards, lacking curbs and gutters, <br />storm drainage, sidewalks, and street trees. As is typical for unimproved local streets in <br />the River Road area, i.e., those streets which do not have paving, curb & gutter and <br />sidewalks or which have not been striped to identify dedicated travel lanes; the <br />expectation is that pedestrians and bicyclists. will share the paved surface with vehicles. <br />Additionally,, there is .a tendency on dead end streets such as Oakleigh, for motorists to <br />travel at slower, more cautious speeds, because of the perceived narrowness of the street. <br />Until such time that property owners- elect to improve Oakleigh Lane to full City . <br />standards, including sidewalks, the existing paved surface in Oakleigh Street will <br />continue to adequately provide, for motorized and foot traffic, as well as for emergency <br />vehicles and delivery services, provided the paved surface is not blocked by parked <br />vehicles. Since the existing paved surface provides safe passage for two-way vehicular <br />traffic, bicycles, pedestrians and emergency vehicles, and since there is nothing to <br />suggest that the impacts of the proposed development will result in unsafe conditions in <br />Oakleigh Lane, it is appropriate to defer public improvements via an irrevocable <br />petition." (PH-30 at 14).' <br />To address Assignment of Error 10.A., the Planning Commission has to decide whether <br />the Hearings Official erred in concluding that the Dolan findings do not determine that vehicle, <br />bike and pedestrian traffic along Oakleigh Lane will be unsafe unless the full length of Oakleigh <br />Lane is improved now.. <br />ACD:abm . <br />City of Eugene J25 E 8th Ave Eugene OK 97:401 541 682.-844T 541 682 5414.Fax <br />gene..or gov. <br />wwitieu <br />{00108854;1 } . <br />20 <br />